Can I sue an employee for his wages as he started a competing business while working for me?
I have a company in Pennsylvania. One of my managers, and a former employee, started a company at least 6 weeks before he resigned. I have documentation of the dates as he left his private e-mail activated on a work computer. He did not sign a non-compete.
I have full documentation of a lot of his activity while employed with me that shows he was actively involved in a competitive venture.
We have been trying to update our employee manual, but I am not certain if the one that was in use at the time of his hire was given to him. But there is a paragraph in it that discussed competitive employment.
My thought is that I should be able to sue him for his wages during that documented time period.
1 Answer from Attorneys
You should review the appropriate manual that was in force at the time he was hired. you may have some claim for the wages paid during the period of time he was in active competition under the theory he was not devoting full time to his job.It is difficult to say for sure whether you have a good claim I suggest you schedule an appointment with an attorney.
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